Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-18
1 TEST Case.
The State of Texas Becomes Party
Respondent in the Celebrated
Drummer'slice TaxCase.
Attorney -6eneral Hogg In His Defsnse
Will Use Every Technically KKsWR
to the ShreWd Lawyer.
Z. G. stsckton's sworn TeEtmony-His
Letter to the Gazette Introduced a.
Part of the Evidence.
CELEBRATED CASE.

Special to the Gazette.
GALVESTON, Ten NOV. 1.-THE habeas
corpus case Of +. G. Stockton, the Kansas
City drummer, Csme up for hearing to-
day before Judge Sa0iG. This is the well
known drumm "tsx" case that is at
tracing attention throughout the south.
Attorney-Gereral Hogg WAS present, rep
resentiDS the state, and Judge John NJ.
Duncan CT Tyler appeared for Stockton
and the Travelling Mems Protective Asso-
Citation. The Attorney General in OPEN
ing the case said he desired that the state
OF Texas be made party to the
case. This was objected to by the petit
TONER'S attorney. After arguing this
point the court ruled that "tne state of
Texas is permitted to make itself 8 party
respondent herein subject to slI legal ex-
ceptions." In view Of the fact that sill
parties expect the case to be carried to
the United States Supreme court this Is
AN IMPORTANT POINT,
for, if II is held by the Circuit court that
the state Was not entitled 20 become
party respondent then the state will have
lost the right to appeal the
case to the United States Supreme court.
Attorney General HOgg refused to agree
TO the statement of faCss as submitted by
the petitioner, neither would he file
sworn answer to the petitioners spplica-
ton for writ Of habeas corpus. After g
goOd deal Of wrsngliug between the ct
tOrneys, it YVES agreed that the court
should hear the oral testimony OF the pc
tltiOner.
+. C. Stockton was therefore SWORD,
ana testified TO his arrest 81 Tyler on No
vember l, for refusing and falling TO ex-
hibit TO the constable erresting him
q receipt showing that he had paid the
Comptroller of the Stale his drummer's
tax rs provided by the state law. The
witness said his old occupation license
expired October 2, and the firm of Will
liam A. Wilson & Co. Of Kansas City hsd
instructed him
NOT TO TAKE OUT NEW LICENSE
and submit 20 arrest aud test the cOnsti-
tutiOnalilv # the law. He said he Was
anxious 10 be arrested and pur-
poseIy permitted the authorities OF
Smith cuuQty to kaow inst he had
no license. The fact was clearly brought
out in detail fhat the witness Was selling
goods for g flreign house. and that the
commerce thereby cres ed WAS inter-
in It's character. Stockton sWCre he was
a citiZsn CT the state OF Missouri tempo
rsrily residing in Texas.
The cross examination OF the witness
by Attorney General HOgg was long, oc-
cupyipg the entire sfLernoon. Esrly
in the examination it became evil
dent thai the Acknowledgement did
not propose to confine his defense to the
constitutional issue set up by the petit
ton. From the character Of his questions
il is apparent he interds 70 make use Of
EVERY TECHNICALITT
known to the astute lawyer. He attacked
Stockton's Missouri citizenship by dwell
ling on his long residence in Texas and
10 the fact that he confined his drumming
entirely to Texas. He also brought out
StCckton's anxiety to be arrested and had
introduced as part of the evidence a
long letter written by Stockton to the
Fort Worth GAZETTE, and published in
that paper October q This letter spoke
Of his intention to contest the validity OF
the state law. An attempt was made to
show 9 pre-srrangemert on the part Of
the petitioner TO bring about mis- arrest,
end to this end the Attorney General in
treduced printed account of the pro-
ceedings Of the Travelling Mems Protective
Association, taken from the Dallas News,
wherein Stockton is quoted as having
said he tried to break into the jail, and
could not get anyone TO arrest him.
At one point OF the examination the
court remarked that IL collision was
proved by Stockton and the officers to
bring about the formers arrest, it would
SEND chem ALL TO JAIL.
To this point the court submitted three
very sweeping questions to Stockton,
whose replies satisfied the court that no
collision existed, but merely an anxiety
on the part OF Stockton to give the law a
bona file test.
This closed the testimony, no other
witnesses being called. The arguments
will be heard tomorrow. The case at
tracts much attention. A careful record
of the evidence was kept, as it is believed
that the case will surely be carried to the
Supreme court of the United States, and
go down in Judicial history as one OF the
most celebrated cases of this generation.
The constitutional features OF the case
differ from the well known case of Rob-
bins vs.. the Taxing District Of Shelby
county, carried 10 the Supreme court
from the Circuit court Of Tennessee.